CanI withdraw funds from my deceased brother’s savings account?

UPDATED: Feb 24, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 24, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI withdraw funds from my deceased brother’s savings account?

My brother passed away and I made all arrangements for his funeral. Now I know that he just opened an savings account, can I withdraw this money? This is not a joint account.

Asked on February 24, 2011 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Unless you are the Personal Representative (PR) of his estate you can not withdraw the funds to pay for the funeral.  Did your Brother leave a will or did he die Intestate?  If he dies with a will then he named an Executor.  If he died intestate then someone has to petition to be appointed as the Administrator of the estate.  The funeral expenses are a priority for payment from the assets of his estate and will be paid first as soon as the money is released to the PR and placed in an estate account.  The funeral parlor will place a lien on the estate so the funeral will take place without payment if that is what you are concerned about.  Good luck to you. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption